WAVERLY, Ohio — The editor-in-chief of a southern Ohio website faces a felony charge of illegal wire-tapping after authorities allege he recorded the testimony in the trial of his brother who is accused of killing eight members of a family in 2016.
Derek Myers, 30, of Chillicothe, posted bail on the charge on Oct. 31 and is awaiting a hearing on the charge.
Authorities allege that Myers surreptitiously recorded the first-day of Edward "Jake" Wagner's testimony in the trial of his brother, George Wagner IV, 31, who faces eight counts of aggravated murder and conspiracy in the 2016 deaths Rhoden family members.
Myers reported on his website, Scioto Valley Guardian, that he was provided the recording from an anonymous courthouse source.
Pike County Common Pleas Judge Randy Deering has restricted electronic devices in the courtroom. No one, including members of the media, can have any device during the trial, which will enter its 10th week on Monday.
Further, Deering — who has said he is following the state's Rules of Superintendence —is asking each witness before they testify if they want their testimony broadcast or photographed. They can either "opt-in," to allow broadcasting, or "opt-out, to restrict broadcasting and photography.
Jake Wagner opted out while he was on the stand the first week of November. His testimony was the most anticipated of the trial, because previously admitted to shooting five of the eight victims and detailed the murderous night.
The 10-minutes of testimony, posted to Myers website, was captured the first day of Wagner's testimony.
In its story, the Guardian wrote:
“The Guardian wants to disclose that the audio was not recorded by a member of the media and was submitted to the Guardian’s newsroom by a courthouse source who is authorized to have their cell phone in the room.”
Question for students:
In coming weeks, we will disclose ethics and codes of conduct for journalists. This is precursor to those conversation, intended to get you thinking about what you might do. Would you 1) record in the courtroom? 2) Would you accept an anonymous recording? 3) Would you post it to your news website? Answer all three questions, applying SPJ's Code of Conduct, as well what you have learned about ethics and media law to date.
I would not record in the courtroom. Although an audio recording of testimony is newsworthy, it is unethical to go against the rules the judge put in place.
I would probably not accept the audio recording from an anonymous source. As the SPJ Code of Ethics says, "Balance a suspect’s right to a fair trial with the public’s right to know. Consider the implications of identifying criminal suspects before they face legal charges." Since this is an ongoing trial, releasing the audio recording is unfair to the defendant. While the public has the right to know what is happening in the trial, a full audio recording is unnecessary.
Again, I would not publish this on my news website. I do…
I would record in the courtroom if allowed and would definitely fight to have it, but if denied, I would take quick notes.
This depends. Ethically it is wrong, but depending on the circumstance, I would. Take the Pentagon Papers for example. If there is a direct threat or corruption that could affect the lives or livelihood of others, I think it should be known. In this story, I don't think recording is all that impactful, how does not recording hurt others in this case just take notes and do the best you can.
The same goes as I said before if the circumstances were dire or needed to be brought to people's attention, I would. Otherwise, no, this trial…